MANIFESTATION DETERMINATION WORKSHEET

What is a manifestation determination?
A manifestation determination is a review of the student’s behavior that broke school rules and of the nature of the student’s disability to see if having the disability made it more likely that the student would break the school rules. The review must be no later than 10 school days after the decision to “change the placement.” The IEP Team must make the review.

Information that the IEP Team must review as it relates to the behavior:
� Evaluation and testing results
� Observations
� The IEP
� The student’s placement

The behavior is not related to the student’s disability if the IEP Team decides:
� The IEP and placement were appropriate and the services given are as stated in the IEP.
� The student’s disability did not stop the child from understanding what would happen as a result of breaking the rules.
� The student’s disability did not make it hard for the child to control the behavior that broke the rules.

If the IEP Team finds problems with the IEP, the placement or the services provided, the IEP Team must make the changes needed to correct the problem.

If the IEP Team decides that the behavior is not related to the student’s disability, the discipline procedures for students that do not have a disability can be used. If the student is removed from school placement, services must be provided so that the student can make progress in the general education curriculum and in the IEP goals.

Who makes up the IEP Team?
The Individualized Education Program Team (IEP Team) is responsible for making decisions about the relationship between the disability and behavior when the behavior will result in a suspension of more than ten day in a school year. At least one member of the IEP Team should be the same sex and same race as the student being referred. Members of the IEP Team must include:
1. A representative of the local education agency who:
a. is qualified to provide, or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities,
b. is knowledgeable about the general education curriculum,
c. Is knowledgeable about the availability of resources of the local educational agency.
2. At least one special education teacher of that student,
3. At least one regular education teacher of the student (if the child is, or may be participating in the regular education environment).
4. An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described above.

5. The parent(s) or legal guardian(s) of the student.
6. At the discretion of the parent(s), legal guardian(s) or the local education agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate.
7. The students when transition services are discussed and whenever appropriate.

What is a “change of placement?”
The removal or suspension of a student is a “change in placement” when the student is removed from school for discipline problems for more than ten days. A removal for less than ten days may be considered a change in placement if such a removal results in the total number of days removed throughout the school year exceeding ten days and a determining that a pattern of exclusions has been established. In determining whether further removal would create a pattern three variables must be considered:
� the length of the removal being considered,
� the total number of days the student has been previously suspended during the current school year, and
� the amount of time that has elapsed between previous suspensions.

Information gathered should be more comprehensive than merely determining the area of eligibility for special education services. Specific information about the student’s behavioral history (chronically and acuity of documented behavioral difficulties) and the impact of the student’s individual disability on his/her capacity to control the behavior subject to disciplinary action should be considered.

Both cognitive impairments and the ability to plan and set goals must be included when considering a manifestation determination. Any degree of contribution to the behavior related to the disability should result in a determination that the behavior is a manifestation of the disability.

Is impulsive behavior a characteristic of this student’s disability? Knowledge of a rule does not mean that the student can control the behavior.

Anecdotal information should include where the behavior occurred, who was around, what happened before, during and after the behavior.

An antecedent which triggers a behavior may not be just the events and circumstances just before the behavior occurs. Some behavior is triggered by past events in the student’s history.

Does the IEP address the student’s individual disability and educational needs? If there are deficiencies in the IEP, the IEP Team must correct such deficiencies and preclude any consideration that the behavior was not a manifestation of the disability.

Giving the student the code of conduct or a student handbook may not be enough of an explanation for a student with a disability. The disability of a student should be taken into account in the manner in which the rules are explicitly explained or taught.

Revised 6/01